1. ACCEPTANCE OF TERMS
ALL FILES ON BestPickr.com ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL BestPickr.com AND/OR ITS OWNER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE FILES OR THE USE OR OTHER DEALINGS IN THE FILES.
Please help us keep BestPickr.com an enjoyable and positive experience. If you see a listing that violates the rules below, please let us know by contacting us through Contact Us page.
2. DESCRIPTION OF SERVICE
BestPickr.com currently provides users with access to a rich collection of on-line resources, including, images, files, templates, various communications tools, online forums, shopping services, personalised content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BestPickr.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BestPickr.com assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user images, files, communications or personalisation settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data"); and
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or BestPickr.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BestPickr.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
1. immediately notify BestPickr.com of any unauthorised use of your password or account or any other breach of security; and
2. ensure that you exit from your account at the end of each session. BestPickr.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BestPickr.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
BestPickr.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BestPickr.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a BestPickr.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. "stalk" or otherwise harass another person; or
12. collect or store personal data about other users.
You acknowledge that BestPickr.com does not pre-screen Content, but that BestPickr.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BestPickr.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BestPickr.com or submitted to BestPickr.com, including without limitation information in BestPickr.com Message Boards, BestPickr.com Forums, and in all other parts of the Service.
You acknowledge and agree that BestPickr.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BestPickr.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transfer and storage of your Content in New Zealand, Australia, the United States or elsewhere.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Service and transfer, posting and uploading of software, technology, and other technical data via the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Service to export-prohibited parties or countries; (c) will not use the Service for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. or New Zealand export laws; and (d) will not transfer, upload, or post via the Service any software, technology or other technical data in violation of U.S.or New Zealand or other applicable export or import laws.
8. PUBLIC CONTENT POSTED TO BestPickr.com
1. For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public BestPickr.com Message Boards, but would not include private BestPickr.com communication services such as BestPickr.com Contributor interface.
2. With respect to Content you elect to post for inclusion in publicly accessible areas of BestPickr.com Message Boards or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant BestPickr.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific BestPickr.com Message Boards to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists for as long as you elect to continue to include such Content on the Service and shall be terminated at the time BestPickr.com deletes such Content from the Service.
3. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant BestPickr.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY AND RELEASE
We have no control over the Content of the Service.
You agree to indemnify and hold BestPickr.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BestPickr.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BestPickr.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BestPickr.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BestPickr.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BestPickr.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
BestPickr.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BestPickr.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BestPickr.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BestPickr.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BestPickr.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BestPickr.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BestPickr.com shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BestPickr.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BestPickr.com has no control over such sites and resources, you acknowledge and agree that BestPickr.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BestPickr.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. BestPickr.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BestPickr.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
BestPickr.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BestPickr.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. BestPickr.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
2. BestPickr.com makes no warranty that:
• the Service will meet your requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Service will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and
• any errors in the software will be corrected.
• any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage
caused by copyright infringement or damage to your computer system or loss of data that results from the download and use of any such material.
• no advice or information, whether oral or written, obtained by you from BestPickr.com or through or from the Service shall create any warranty not expressly stated in the TOS.
18. LIMITATION OF LIABILITY
You expressly understand and agree that BestPickr.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BestPickr.com has been advised of the possibility of such damages), resulting from:
1. the use or the inability to use the Service;
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
3. unauthorised access to or alteration of your transmissions or data;
4. statements or conduct of any third party on the Service; or
5. any other matter relating to the Service.
If you are a resident of Australia, you agree that BestPickr.com’s liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the Service shall be limited as follows:
1. in the case of goods, to any one or more of the following (as BestPickr.com may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
2. in the case of services, to one of the following (as BestPickr.com may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
If you are a resident of New Zealand and use this Service for a business purpose, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Service or these terms.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers of warranty and limitations may not apply to you.
20. SPECIAL WARNING FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above disclaimer of warranties and limitations again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. BestPickr.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
As between you and BestPickr.com, you agree that all of BestPickr.com’s trademarks, trade names, service marks and other BestPickr.com logos and brand features, and product and service names are trademarks and the property of BestPickr.com (the "BestPickr.com Marks"). Without prior permission from BestPickr.com or a party validly authorized by BestPickr.com to grant permission, you agree not to display or use in any manner the BestPickr.com Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
BestPickr.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BestPickr.com’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
BestPickr.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached via contact page.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and BestPickr.com and govern your use of the Service, superseding any prior agreements between you and BestPickr.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BestPickr.com shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and BestPickr.com agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. The failure of BestPickr.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BestPickr.com and any user of the Service. Any notice to you or to us shall be made by either email or regular mail.. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS by contacting us.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, social security number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
BestPickr.com may collect and use Users personal information for the following purposes:
– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
You can set preferences for how Google advertises to you using the Google Ad Preferences page (http://www.google.com/settings/ads/onweb/), and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on November 27, 2014